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Legal news from Thursday, September 6, 2012 |
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Cambodia genocide tribunal announces declassification of war crimes trial documents
Keith Herting on September 6, 2012 3:54 PM ET

[JURIST] The Extraordinary Chambers in the Courts of Cambodia (ECCC) [official website], Cambodia's UN-supported war crimes tribunal, announced Thursday that it would declassify more than 1,700 documents [press release, PDF] including "victims' 'confessions' and biographies, witness statements, transcripts of in camera hearings, and rogatory letters." The documents being declassified are those which were part of "Case 001" which resulted in a guilty verdict and life sentence [JURIST reports] for former Khmer Rouge [BBC backgrounder] official Kaing Guek Eav [case materials; JURIST news archive]. The ECCC hopes that declassification will "promote a genuine public discussion of Cambodia's tragic past based on firm evidence."
Kaing is the only former Khmer Rouge leader to have been convicted by the ECCC. Ieng Sary, Ieng Thirith, Khieu Samphan and Nuon Chea were indicted [JURIST report] in September 2010. The ECCC ruled that Ieng Thirith was unfit to stand trial, but the Supreme Court Chamber in December ordered that she remain in detention [JURIST reports] and that the Trial Chamber exhaust all measures so that she can stand trial. The other three went on trial [JURIST report] in November. In July the ECCC appointed a new judge to prosecute two new war crime cases [JURIST report].


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US to maintain control of foreign, new detainees at Afghanistan prison: NYT
Brandon Gatto on September 6, 2012 2:36 PM ET

[JURIST] Government officials from both the US and Afghanistan have said that the American military will maintain control over foreign detainees [NYT report] at Bagram Air Base [official website; JURIST news archive] in Afghanistan for the indefinite future, and will also continue holding and screening newly captured Afghans. According to the New York Times, America's commitment to the control and maintenance of dozens of foreign prisoners comes despite preparing to hand over its detention operations to the Afghan government on September 9, as agreed to [Al Jazeera report] in March in a pact preceding the countries' Enduring Strategic Partnership Agreement [text, PDF]. Given that the March agreement covered only the 3,100 Afghan detainees at the time of its enactment, there has been relative uncertainty as to the fate of the additional 600 detainees added to Bagram since the signing. While concerns of arbitrary detentions have been raised [AFP report] by the Afghan government, namely that the agreement's no-trial detention system is contrary to the Afghanistan Constitution [text, PDF], William Lietzau [official profile], the Pentagon's top detainee policy official, maintains that the system is lawful as long as the war continues. The Afghan government has refused to ratify the agreement.
In July it was reported that the US would retain control of about 50 non-Afghan detainees [JURIST report] at Parwan Detention Center at Bagram. At that time the US again had to defend its position by asserting that its agreement with Afghanistan did not cover foreign nationals. The detainees have allegedly been held without access to legal assistance, prompting some human rights activists to question the deal's legitimacy and expand upon the criticism that the Bagram facility has been "the other Guantanamo" since its opening [JURIST report] in 2009. The plan for Afghanistan [JURIST report] to take over the US military's Parwan Detention Center was crafted in January with a goal of transferring all responsibilities to the Afghan government within six months.


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Michigan Supreme Court orders constitutional amendments on ballot
Keith Herting on September 6, 2012 2:27 PM ET

[JURIST] The Michigan Supreme Court [court website] on Wednesday ordered [opinion, PDF] three proposed constitutional amendments to appear on the ballot during the November election. The court's decision outlined four proposed amendments, approving three of them for general approval by the voters. The three approved measures include a union-backed measure to amend the state constitution to include a right to labor unionization and collective bargaining, a measure to require either a statewide majority vote or a two-thirds vote of both houses of the Legislature to raise taxes, and a proposed amendment which would require a statewide majority vote before any new bridges could be built between Michigan and Canada. A proposed constitutional amendment which would have increased the number of casinos in the state was rejected as the court felt the text did not clearly indicate that it would lessen the authority of the state Liquor Control Commission. The most controversial of these measures was the "Protect Our Jobs" [advocacy website] initiative, which collected around 700,000 signaturessignificantly more than required to put the proposal on the ballotbut faced difficulties when the Board of State Canvassers [official website] declined the measure before being overturned [JURIST report] by the Michigan Court of Appeals [official website].
Attempts to limit collective bargaining rights have been confronted with heavy opposition. Wisconsin faced a challenge against its legislation which limited the collective bargaining rights of public employee unions. In July the Wisconsin Supreme Court [official website] ruled [JURIST report] not to reopen a case challenging the state's Budget Repair Bill [text, PDF] because of a justice's refusal to recuse himself. Four votes were needed, but only three justices were in support of reopening the case. The court upheld [JURIST report] the bill in June 2011 thereby overruling the Dane County Circuit Court [official website] finding [JURIST report] a month earlier that legislators had violated the "open meetings" rule. The court ruled that the lower court had "invaded the legislature's constitutional powers." In March a judge for the US District Court for the Western District of Wisconsin [official website] ruled unconstitutional [JURIST report] certain provisions of the Budget Repair Bill reasoning that unions which supported Governor Scott Walker [official website] during his election were apparently given preferential treatment. Last November Ohio voters rejected [JURIST report] a bill which would have impacted Ohio's 400,000 public workers by limiting their ability to strike and collectively bargain for health insurance and pensions.


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HRW urges China authorities to halt deportation of Myanmar refugees
Rebecca DiLeonardo on September 6, 2012 12:22 PM ET

[JURIST] Human Rights Watch (HRW) [advocacy website] on Thursday urged the Chinese government to halt the deportation of Myanmar refugees. In a letter [text, PDF] sent to the Chinese Minister of Foreign affairs, the rights group said that the return of at least 4,000 ethnic Kachin refugees from Myanmar is a violation of international law. HRW dismissed claims by the Chinese government that the individuals returned to Myanmar were either not refugees or chose to return home voluntarily, noting that the Chinese government has not officially considered the refugee status of any of the asylum-seekers. In the letter, HRW noted that it had published a report [text, PDF; JURIST report] in June finding that although China had generally accepted the Myanmar refugees into its borders, they typically lived in poor conditions without access to adequate food, shelter or health care. HRW called on the Chinese government to prevent future abuses of refugees by allowing the UN High Commissioner for Refugees access to the remaining asylum-seekers in China, and to set up a process for legally establishing refugee status for individuals fleeing violence and persecution.
Myanmar has been working to eliminate sectarian violence within its borders, but has recently been criticized by different groups for its methods and for human rights abuses. Earlier this week Physicians for Human Rights (PHR) released a report concluding that Myanmar's army is still committing human rights abuses [JURIST report] against ethnic minorities in Karen state. Last week the country sentenced two UN staff members [JURIST report] to prison for their involvement in sectarian violence. This was one week after President Thein Sein announced creation of a 27-member commission [JURIST report] to investigate causes of the violence. Earlier this month, however, HRW accused Myanmar forces of committing multiple human rights violations [JURIST report] following an outbreak of sectarian violence. UN High Commissioner for Human Rights Navi Pillay also expressed concern [JURIST report] last month about both the continued violence in Myanmar and the country's human rights abuses committed in dealing with it.


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HRW: Bush administration engaged in torture, rendition of Gaddafi opponents
Maureen Cosgrove on September 6, 2012 10:02 AM ET

[JURIST] During the administration of former US president George W. Bush [JURIST news archive], the US government tortured opponents of former Libyan leader Muammar Gaddafi [BBC obituary; JURIST news archive] and transferred them to Libya, Human Rights Watch (HRW) [advocacy website] announced in a report [PDF] released Wednesday. The report, entitled "Delivered Into Enemy Hands: US-Led Abuse and Rendition of Opponents to Gaddafi's Libya," details the ill-treatment and torture, including instances of waterboarding, of detainees in US custody. The information contained in the report comes from detainees who have since been liberated, as well as documents and files uncovered after the fall of the Gaddafi regime. HRW documented instances of rendition to countries with known torture practices, with inadequate procedural standards and where detainees were held in incommunicado detention. The report also examines the roles that other national governments played in the abuse of detainees and unlawful renditions. HRW made recommendations to the US government and the various national governments scrutinized in the report to investigate allegations of torture and abuse, acknowledge past injustices and take steps to end the use of torture.
Bush and other national leaders have come under fire for allegedly engaging in torture and human rights abuses. Earlier this week Nobel Peace Prize laureate Desmond Tutu [backgrounder] called for [JURIST report] Bush and former UK prime minister Tony Blair [JURIST news archives] to stand trial at the International Criminal Court (ICC) [official website] for their roles in the 2003 invasion of Iraq. In February 2011 the Center for Constitutional Rights (CCR) and the European Center for Human Rights (ECCHR) [advocacy websites] urged [JURIST report] the signatory states of the UN Convention Against Torture (CAT) [text] to pursue criminal charges [press release] against Bush. In July 2010 HRW urged the Obama administration to begin a criminal investigation [JURIST report] into alleged detainee abuses authorized by the Bush administration following the 9/11 terrorist attacks [JURIST backgrounder]. Other calls to investigate the criminal culpability of Bush and officials in his administration have been rejected consistently by US officials [JURIST report].


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Federal judge upholds Arizona immigration law
Maureen Cosgrove on September 6, 2012 8:47 AM ET

[JURIST] A judge for the US District Court for the District of Arizona [official website] on Wednesday upheld [opinion, PDF] a controversial provision of Arizona's immigration law [SB 1070, PDF] that requires law enforcement officials to check the immigration status of persons they stop or arrest if there is a reasonable suspicion that the person is in the US illegally. Judge Susan Bolton, after hearing arguments [JURIST report] on the law in August, denied the plaintiff's request for a preliminary injunction in light of the US Supreme Court [official website] ruling in Arizona v. United States [opinion, PDF; JURIST report] which upheld the provision. Arizona Governor Jan Brewer [official website] praised [press release] the court's ruling, saying this "most critical section" of the law will "empower state and local law enforcement." Alessandra Soler, executive director of the American Civil Liberties Union of Arizona (ACLU) [advocacy website], expressed concern [press release] over the ruling:Latino members of our community should not be subjected to unlawful stops based on their race or perceived immigration status. Once this 'show me your papers' provision goes into effect, racial profiling will become rampant statewide ... and we intend to ramp up our reporting and litigation efforts to seek justice on behalf of the victims of police abuse. The court also granted a preliminary injunction on federal preemption grounds for part of the law that criminalizes the harboring and transportation of illegal immigrants. Bolton had enjoined several provisions of SB 1070 [JURIST report] in July 2010, including the one that requires law enforcement officials to check the immigration status of suspects.
Immigration law [JURIST backgrounder] has became a hot button issue over the past few years as many states, Arizona being the first, have passed laws giving state and local officials more power to crack down on illegal immigration. In August the US Court of Appeals for the Eleventh Circuit [official website] struck down [JURIST report] several provisions of Alabama's controversial immigration law [HB 56, PDF], upheld a few sections of the law and rejected part of Georgia's immigration law [HB 87, text]. That same month, the US Court of Appeals for the Third Circuit [official website] again heard arguments [JURIST report] on two anti-illegal immigrant laws enacted in 2006 by the city of Hazleton, Pennsylvania, which deny permits to businesses that employ illegal immigrants and fine landlords who extend housing to them. In July a judge for the US District Court for the District of South Carolina [official website] declined to lift an injunction [JURIST report] against South Carolina's controversial immigration law [SB 20 materials], despite the recent Supreme Court ruling. The lawsuit against the South Carolina immigration law was put on hold [JURIST report] in January pending the outcome of Arizona v. United States. Last May the ACLU and the National Immigration Law Center filed a class action lawsuit challenging Utah's immigration law, the same month that the ACLU filed a class action [JURIST reports] in the US District Court for the Southern District of Indiana [official website] challenging that state's immigration law.


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Federal appeals court strikes down Minnesota political contribution disclosure law
Jerry Votava on September 6, 2012 6:50 AM ET

[JURIST] The US Court of Appeals for the Eighth Circuit [official website], sitting en banc on Wednesday, ruled [opinion, PDF] that Minnesota's disclosure requirement law for political contributions is unconstitutional, reversing an earlier decision [JURIST report] by a three-judge panel. The law reaches nearly all associations and requires that all donations for political purposes require record-keeping and disclosure. The court found, "under Minnesota's regulatory regime, an association is compelled to decide whether exercising its constitutional right is worth the time and expense of entering a long-term morass of regulatory red tape." The court went on to state:Minnesota's law hinders associations from participating in the political debate and limits their access to the citizenry and the government. The law manifestly discourages associations, particularly small associations with limited resources, from engaging in protected political speech. ... In short, the collective burdens associated with Minnesota's independent expenditure law chill political speech. The opinion was decided by a narrow 6-5 margin. The full panel did uphold a Minnesota law that prohibited corporations from making political contribution directly to political candidates.
Campaign finance laws have been a contentious issue recently. In June the US Supreme Court struck down a Montana campaign finance law that restricted the amount of money corporations can spend on campaigns, holding that Citizens United [JURIST reports] invalidated the Montana law. That decision, American Tradition Partnership, Inc. v. Bullock [SCOTUSblog backgrounder] reversed a decision by the Montana Supreme Court upholding the law [JURIST report]. Also in June the US Court of Appeals for the Fourth Circuit cited Citizens United and ruled [JURIST report] that a district court erred in holding that corporations can contribute directly to political campaigns. In February the Supreme Court blocked enforcement [JURIST report] of the Montana Supreme Court ruling.


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